Montello Salt Co. v. Utah
Citations
- 221 U.S. 452
- 31 S. Ct. 706
- 55 L. Ed. 810
- 1911 U.S. LEXIS 1747
Syllabus
<p>The words “and including” following a description do not necessarily mean “in addition to,” but may refer to a part of the thing described.</p> <p>The words “110,000 acres of land . . . and including all the saline lands in the State” as used in § 8 of the Utah Enabling Act are not .to be construed as a grant of such salines in addition to the 110,000 acres, but-simply as conferring on the State the right, which it would not otherwise have, of including saline lands within its selections for the 110,000 acres.</p> <p>This construction is in harmony with the uniform policy of Congress in connection with grants to the States of saline lands.</p> <p>34 Utah, 458, reversed.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “ ‘Including’ being a participle is in the nature of an adjective and is a modifier”
- words and phrases are read in context and construed according to the rules of grammar and common usage
- words and phrases are read in context and construed according to the rules of grammar and common usage
- “It may have the sense of addition,' as we have seen, and of ‘also’; but, we have also seen, ‘may merely specify particularly that which belongs to the genus.’ ” (quoting Hiller v. United States, 106 F. 73, 74 (2d Cir. 1901)
Source: CourtListener parenthetical corpus (CC0).
Judges: Harlan, McKenna
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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